Before we dive into the different factors that go into the blood alcohol content (BAC), it’s important to know what the legal limit actually is in the State of Florida.

A driver is considered legally drunk in Florida when they are a non-commercial driver over the age of 21 with a BAC of .08 or more.

Now that we know the legal limit, the BAC level may vary person-to-person based on the following factors:

• Type of drink: The alcohol content of each beverage varies. For example, beer may have 5% alcohol by volume, while a glass of wine might have closer to 10% for a smaller amount. Similarly, a drink like vodka or rum may have an even higher percentage of alcohol by volume, and how heavily it is poured can impact your BAC.
• Body type: The body type of the person who is drinking plays a role in how many drinks will put them over the limit. For example, a person who weighs less than 120 pounds may be legally over the limit after 1-2 drinks, whereas a person with a larger body type can tolerate 2-3 drinks before hitting the limit.
• Gender: Statistically, men are able to tolerate more drinks than women. Of course, this might be different on an individual level, but it usually factors into the body type of the person drinking.
• Number of Drinks: The number of drinks is another factor in determining whether you’re over the legal limit. Typically 1 drink with a lower alcohol by volume may not send you over the BAC limit to drive. However, if you feel tipsy or buzzed you shouldn’t drive. It’s also good to avoid more than one drink if you anticipate driving afterwards.
• Factors Other than Alcohol: In some cases, one drink may be sufficient to cause someone to be impaired if other circumstances contribute to the impairment. For example, one drink combined with prescription medications, illicit drugs, or even fatigue may cause someone to become too impaired to operate a motor vehicle.

There are different penalties for a DUI depending on how many DUIs you’ve been arrested for or charged with, if there was property damage, what your blood alcohol content was, and whether or not anyone was injured or killed.

Let’s break down the penalties for a first-time DUI offense.

The DUI fine schedule, per section 316.193, Florida Statutes, states:

First conviction:

• Not less than $500 or more than $1,000.
• If blood/breath alcohol level (BAL) was .15 or higher, or if there was a minor in the vehicle, not less than $1,000 or more than $2,000.

Regarding imprisonment, the state of Florida provides:

“At the court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program and credited toward the term of imprisonment.”

Additionally, imprisonment for a first conviction is:

• Imprisonment for not more than six months.
• If BAL was .15 or higher, or if there was a minor in the vehicle, imprisonment for not more than nine months.

Additionally, your vehicle may be impounded and you may lose driving privileges for as much as a year for your first offense.

A DUI violation has additional penalties that may be assessed by the court. For more information regarding additional penalties, please see section 316.193, Florida Statutes.